Even with good intentions, interviewers can say things that convince unsuccessful applicants they were victims of discrimination. Here’s an example of what to look out for.
A recent court case involved a white, male employee who applied for a promotion but was turned down in favor of an African-American woman from outside the company.
The woman was hired because she had more extensive and “well rounded” work experience, the company said. But the man thought it was her race, so he sued.
Stray comments give impression of bias
The company lost. Its key slip-up: One of the managers involved in the interview told him the higher-ups thought the department had a “diversity issue.” That gave the court enough reason to believe race played a role in the decision.
Since hiring decisions are based on so many factors, it can be tough to prove what the real reasons were. That’s why hiring managers and other interviewers need to be trained to avoid making any comments that might hint at an illegal motive.
In this case, the judge admitted that the casual comment wasn’t solid evidence of discrimination. But it did raise enough questions to send the case to a costly jury trial.
Cite: Reilly v. TXU Corp.
